§ 5. Subdivisions one and four of section 5-230 of such law, subdivision one as amended by chapter three hundred seventy-three of the laws of nineteen hundred seventy-eight, are amended to read as follows: 1. At the end of each day of registration, the chairman of each board of inspectors shall deliver the ledgers locked in the carrying case, if any, [the sealed enrollment box,] the flag and all other supplies to the police at the place of registration, or, if directed, to the officer charged by this chapter with the duty of delivering such articles to the board. The police or such other officer shall return all such articles on the next day of registration to the chairman of such board at the place of registration immediately prior to the opening hour for registration. 4. At the close of the last day on which any board of inspectors is authorized to take registrations such board shall seal the ledgers and lock them in the carrying case; [seal the enrollment box,] enclose all keys in a sealed package and enclose all executed forms in a sealed package. The chairman of such board shall deliver the sealed material, unused forms and all equipment and material furnished by the board of elections to a person designated by the board of elections to take custody of these items. The person designated shall deliver all such articles to the board of elections within twenty-four hours after the polls close. § 6. Section 5-300 of such law is repealed and a new section 5-300 is added to read as follows: § 5-300. Enrollment; generally. At the time a voter is registered or completes an application for registration he may mark his party enrollment within the circle or box underneath or next to the party of his election on the application form. § 7. Section 5-302 of such law, subdivision four as amended by chapter nine of the laws of nineteen hundred seventy-eight, is amended to read as follows: 1. Enrollment; [opening of enrollment box and] completion. [Within the time hereinafter provided, the board of elections shall open the enrollment boxes and complete the enrollment as provided herein. The blanks contained in such box shall be removed. If the person so enrolling is found still to be a duly registered voter] Before placing the registration poll record in the poll ledger, the board shall enter in the space provided there for on the back of [his] such registration poll record the name of the party designated by [such] the voter on his [enrollment blank] application form, provided such party continues to be a party as defined in this law. If such party ceases to be a party at any time, either before or after such enrollment is so entered, the enrollment of such voter shall be deemed to be blank and shall be entered as such until such voter files an application for change of enrollment pursuant to the provisions of this chapter. The board shall enter the date of such entry and affix initials thereto in the space_provided. 2. If the [enrollment blank] application_form is for a [person] voter who has changed his enrollment or a [person] voter who has previously registered and not enrolled, then the board of elections shall compare the information and the signature appearing on each application form received [from a board of inspectors] with that on the registration poll record of the applicant and if found to correspond in all particulars shall, not earlier than the Tuesday following the next general election and not later than the thirtieth day preceding the last day for publishing enrollment lists, proceed in the manner specified in subdivision one hereof to enter such enrollment on such voter's registration poll card. 3. If [cross or check] marks are found in more than one of the boxes or circles or if no [cross or check] marks are found in any of the boxes or circles of any [enrollment blank] application form, the voter who used the [enrollment blank] application form shall not be deemed to be enrolled, and the words blank or void shall be entered in the space reserved on his registration poll record for the name of a political party. 4. [All enrollment blanks deposited in an enrollment box shall remain sealed until the Tuesday following the next general election when they shall be removed from such box by the board of elections and the enrollments entered by the board as soon as practicable, but not later than the thirtieth day preceding the last day for publishing enrollment lists. Enrollment blanks marked by voters registered by mail and by military voters shall within the same time period be opened by the board of elections and the enrollment designated by each such voter shall likewise be entered by the board, provided such party continues to be a party, as defined in this law. If such party ceases to be a party at any time, either before or after such enrollment is so entered, the enrollment of such voter shall be deemed to be blank and shall be entered as such until such voter files an application for change of enrollment pursuant to the provisions of this chapter. ] Registration poll records of voters whose registrations are not rejected by the board of elections shall be placed in the poll ledger forthwith, except that the registration poll record of a voter, other than a voter entitled to special enrollment or transfer of enrollment pursuant to the provisions of this article, who registers after the sixtieth day before a primary election shall not be placed in the poll ledger until after such primary and except further that the registration poll record of a voter whose previous registration was cancelled pursuant to the provisions of this chapter after the previous general election and who registers pursuant to the provisions of this chapter after such cancellation shall not be placed in the poll ledger until after the fall primary election, unless such voter has enrolled with the same party as the enrollment on the regis tration which was so cancelled. The registration poll record of a voter who is not eligible to vote in a primary election but who is eligible to vote in a special election held before such primary election shall be placed in its regular place in the poll ledger or in a special section of such poll ledger for such special election as the board of elections, in its discretion, shall provide. Such poll record shall be removed from such poll ledger immediately after such special election. 5. During the period preceding the ensuing primary election, the board of elections shall maintain as a public record a list of all enrollments entered, transferred or corrected, and not contained in the last published enrollment list. Such supplemental enrollment list shall contain the same information and shall be distributed in the same manner as the original enrollment list not later than the fifteenth day before the primary election. § 8. Subdivision four of section 5-304 of such law, as amended by chapter one hundred forty-seven of the laws of nineteen hundred eightytwo, is amended to read as follows: 4. Registered voters may apply for change of enrollment personally by mail to or by appearing before a county board of elections or by appearing before a board of inspectors [and filing a personally signed application for an enrollment blank. The information therein contained shall be compared with that appearing on the registration poll record of the applicant]. If the applicant has appeared in person and if the board finds that he is properly registered, it shall provide the applicant with an [enrollment blank which shall be treated in the same manner as other enrollment blanks. The number of the enrollment blank shall be entered on the application form] application form for voter registration by mail which shall be treated as an application for change of enrollment filed pursuant to this section. If the voter has applied personally by mail, the county board of elections shall mail him an application form for voter registration by mail as provided by this chapter. If a registered voter submits an application form for registration or enrollment, personally by mail, as provided by this chapter, from the residence address from which he is then registered, and such form reflects a change of enrollment, the county board of elections shall treat such form as an application for change of enrollment [blank] form filed pursuant to this section. § 9. Subdivision five of section 5-304 of such law is repealed. § 10. Paragraphs m and n of subdivision four of section 5-500 of such law are relettered paragraphs n and o and a new paragraph m is added to read as follows: to m. A space for the applicant to indicate his choice of party enrollment, with a clear alternative provided for the applicant to decline affiliate with any party. ઠુ 11. Subdivision seven of section 5-500 of such law is amended to read as follows: 7. The state board of elections shall prescribe the form of the record required by this section which may include any additional information it shall deem necessary. The state board may provide that the form of application for registration by mail may be used in lieu of the form prescribed by this section. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law § 12. Subdivision one of section 5-502 of such law, as amended by chapter six hundred forty-seven of the laws of nineteen hundred eightytwo, is amended to read as follows: 1. a The board of elections shall furnish in time for use by the boards of inspectors of election, the registration records, [enrollment blanks, boxes for the deposit of enrollment blanks,] an American flag, a map or certified description of the election district, and the adjoining election districts, challenge affidavits, absentee voting applications, a list of voters who are currently registered in the election district, list of those voters who have been cancelled in the last year with the reason for such cancellations, forms for statements of temporary absence, [forms of application for an enrollment blank,] a sufficient number of copies of the ballot proposals to be submitted to the voters at the ensuing election and all other forms and supplies required for the administration of the registration system as provided by this article. 13. This act shall take effect on the first day of December next succeeding the date on which it shall have become a law. REPEAL NOTE.-The sections of law proposed to be repealed by this act all deal with the form and content of enrollment blanks and the requirements to provide such blanks and the boxes for their deposit. CHAPTER 165 or AN ACT to amend the public service law, in relation to authorizing the commission to issue verbal or written orders to public utilities municipalities to provide service Became a law June 4, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section twenty-three of the public service law is amended by adding a new subdivision three to read as follows: 3. Notwithstanding the provisions of subdivision one of this section, the commission, or a person designated by the commission to act in its place, may, verbally or in writing, order a public utility company or municipality to initiate, continue or restore service to a residential customer, whenever a reasonable question regarding the circumstances of a termination or refusal of service exists, whenever a dispute with respect to utility charges or service is pending, or whenever termination or refusal of service is likely to affect 8 person's health and safety; provided that, a verbal order shall be confirmed by the commission or its designee by sending within five business days a written tice to the utility. The commission shall issue regulations implement ing this section. no § 2. This act shall take effect on the one hundred sixtieth day after it shall have become a law. CHAPTER 166 AN ACT to amend the public health law and the education law, in relation to the immunization level of children attending school Became a law June 4, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: laws Section 1. Subdivision two of section six hundred eighty of the public health law, as amended by chapter four hundred forty-three of the of nineteen hundred seventy-nine, is amended to read as follows: 2. The commissioner shall set such standards as he shall deem necessary for the proper, safe, and efficient administration of the program. He shall direct an annual survey to determine the immunization level of children entering [and attending] school, and shall conduct annually an audit of such survey and an audit of the immunization level of children attending school. The commissioner shall direct a survey to determine the immunization level of all children entering and attending school at least once every five years. State aid provided by this article shall be reduced by ten percent, provided however that state aid for essential public health activities shall not be reduced, unless a municipality has submitted, in cooperation with local school districts, a plan within ninety days after the commissioner shall have certified to such municipality the results of his survey of the immunization level of children entering schools in such local school districts. Such plan shall be submitted for the next ensuing school year and a subsequent plan shall be submitted annually thereafter, for assuring that immunizing agents are administered to pre-school children within a reasonable time prior to but, in any event, no later than their entrance into school, and to students generally, as required pursuant to section twenty-one hundred sixty-four of this chapter. Such plan shall include the manner in which immunization activities are coordinated among the local health authority and the school districts. Such reduction in state aid and the requirement that a municipality submit an immunization plan shall not be applicable to any municipality where ninety percent or more of its children entering school are immunized. The determination of the percentage of immunization shall be made by the commissioner based upon his audit of immunization surveys. § 2. Subdivision three of section nine hundred fourteen of the education law, as added by chapter four hundred forty-three of the laws of nineteen hundred seventy-nine, is amended to read as follows: 3. Each school district shall participate in the [annual survey] surveys directed by the state commissioner of health pursuant to section six hundred eighty of the public health law of the immunization level of the children entering and attending school within such district [and], which shall be subject to audit by the state commissioner of health. Each school and school district shall provide the state commissioner of health with any records and reports he may require for the purpose of such audit. In no event shall the state commissioner of health disclose student identity. § 3. This act shall take effect immediately. CHAPTER 167 a AN ACT to amend the village law, in relation to objections as to the legal sufficiency of petitions for incorporation of territory as village Became a law June 4, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph b of subdivision one of section 2-206 of the village law is amended to read as follows: If it is alleged that the petition is submitted on the basis that the persons signing such petition constitute twenty per cent of the [resident owners of real property] residents in such territory qualified to vote [as residents thereof] for officers of a town in which all or part of such territory is located, that such allegation is false; § 2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 168 AN ACT to amend the election law, in relation to cancellation of registration of military and special federal voters Became a law June 4, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivisions one and two of section 10-109 of the election law, as added by chapter three hundred seventy-three of the laws of nineteen hundred seventy-eight, are amended to read as follows: 1. Voters registered pursuant to this article shall be eligible to vote in every election in which military voters are eligible to vote which is held more than seven days after the date of the receipt of their applications for such registration provided such voters vote in a general, special or primary election at least once in each [two] four calendar years. Within sixty days after each general election, the board of elections shall cancel the registration of all military voters who did not cast a ballot, in any such general, special or primary election in the previous [two] four calendar years and remove from the files of military voters, the registration poll ledger cards and central file registration records of all such cancelled military voters. § 2. Subdivisions one and two of section 11-208 of such law, subdivision one as amended by chapter nine of the laws of nineteen hundred seventy-eight and subdivision two as amended by chapter three hundred seventy-three of the laws of nineteen hundred seventy-eight, are amended to read as follows: 1. Voters registered pursuant to this title shall be eligible to vote in every election in which special federal voters are eligible to vote which is held on or after the thirtieth day after receipt of their applications for such registration [provided such voters vote in each biennial election for representatives in congress]. 2. Within sixty days after each [such] biennial election for representative in congress, the board of elections shall cancel the registration of all special federal voters who [did not cast a ballot in such election] failed to vote in at least one general, special or primary election in the previous four years and remove from the files of special federal voters the registration poll ledger cards and central file registration records of all such cancelled voters. § 3. Subdivision two of section 11-212 of such law, as amended by chapter two hundred fifty-one of the laws of nineteen hundred eightyfour, is amended to read as follows: 2. All such ballots received by the board of elections before the close of the [ballots] polls on election day may be delivered to such election districts in the manner prescribed by this chapter for absentee ballots, or retained by the board of elections and cast and canvassed pursuant to section 9-209 of this chapter as the board of elections, in its discretion, shall determine by resolution adopted at least thirty days before election day. All ballots contained in envelopes showing a cancellation mark of the United States postal service, or a foreign country's postal service with a date which is ascertained to be not later than the day before election, shall be cast and counted if received by the board of elections not later than seven days following the day of election. All ballots received by the board of elections between election day and the seventh day after election day shall be retained at the board and shall be cast and canvassed in the same manner as other ballots retained by such board. § 4. This act shall take effect immediately. |
